A aplicação da prisão civil e o uso de medidas coercitivas alternativas ao menor emancipado devedor de alimentos

Abstract

The civil imprisonment of the emancipated minor of alimony, nowadays, is shown as a controversial subject within the Brazilian legal system, considering that the dictates that govern the civil execution are not consistent with the criminal unimputability of the minor and the consequent impossibility forwarding them to prisons. Thus, through the hypothetical-deductive method of approach and documentary and bibliographical review as adopted techniques, the objective is to address to what extent it is possible to enact the civil imprisonment of the emancipated minor, as well as to verify whether the use of other coercive executive measures are effective for the fulfillment of the obligation in this case. It is therefore proposed, at first, a reflection on the developments of civil imprisonment and its use and, afterwards, an analysis of the conflict of principles and fundamental rights that involve the application and the possibility of this measure to the emancipated minor, especially in face of the most diverse atypical methods of coercion that have been adopted. It is concluded that flexibilities of rights should be sought, both for the child supporter - especially in the civil imprisonment compliance regime - and for the child who needs to meet his basic needs, due to the peculiarity of the case, in order to then achieve harmony between conflicting interests